SALESCANDY INTERNATIONAL SDN BHD PRIVACY NOTICE
This privacy notice for personal data (“Privacy Notice”) is issued to all SalesCandy app users, pursuant to the statutory requirements of the Personal Data Protection Act 2010 (“PDPA”).
The legal person or entity that has contracted directly with us, under which you are permitted to use the Services.
Any electronic device (including desktop computers, laptop computers, smart phones, smart watches, tablets, and any other mobile devices), on which the Services are accessed, downloaded and/or used.
Your existing or potential client, lead, or prospect, and the Client’s existing or potential client, lead or prospect who have established contact or communication with you about the Client’s products or services directly, or indirectly through one or more of the Personal Data Sources;
Means the Personal Data Protection Act 2010 of Malaysia and its regulations.
Has the meaning ascribed to it in the PDPA of Malaysia and includes personal data and sensitive personal data as further described in this Privacy Notice.
Personal Data Sources
Means the sources from which Personal Data is collected by you or the Client and subsequently shared with us to process, which may change from time to time, and includes:
Websites, landing pages, databases or contact lists owned or controlled by the Client;
Responses received online shared with us via an API or via an email parser;
Responses from advertisements placed online, including on social media platforms;
CandyNumber, being an automated response number inserted into any form of online or offline media advertisement posted by the Client;
CandyPage, being a feature of the Services allowing you to create and customize a webpage to collect Personal Data from Leads;
Your Device for which Personal Data was uploaded to, stored in or granted access to the SalesCandy App by you; and
Your own details provided by you through the use of the Services.
(I) any mobile-device based application released by SalesCandy; and
(II) any browser-based application released by SalesCandy.
Means the lead management services and all elements and features constituting our services, including access by you to the SalesCandy App, subject always to any specific services or variations set out in the quotation.
Means you, being users of the SalesCandy App and the Services as permitted by the Client, and where relevant shall mean other users of the SalesCandy App permitted by the Client.
Any content, information or data, whether of a textual, visual or aural in nature, posted or generated by you or other Users through the Services, whether publicly accessible or not or when using the Services.
In providing the Services, we act in the capacity of a data processor (as defined in the PDPA) in respect of the Personal Data belonging to you and the Leads or any other third party that we will receive from the various Personal Data Sources, and we will process such Personal Data on behalf of you and the Client.
In the context of this Privacy Notice, “Personal Data” expressly includes, but is not limited to, the full name, identity card number, passport number, phone number, and e-mail address of you and the Leads, and may even include sensitive personal data (as defined in the PDPA).
By using our Services and in acknowledgement of your role as a data user, you warrant that:
the Leads have been shown or provided access to a PDPA-compliant personal data notice or any equivalent at the earliest possible opportunity prior to collecting Personal Data from the said data subjects;
you have procured the necessary consents from the Leads to the Client using their Personal Data as a data user in the manner set out in the Client’s privacy notice at the earliest possible opportunity, prior to transferring the Personal Data to us to process. Procurement of consent includes you seeking verbal or written consent from data subjects when obtaining their Personal Data through other offline means; and
to the extent that you will provide or have provided to us Personal Data of any Leads or other third parties, the privacy notice shall inform the data subjects that their Personal Data will be provided to and processed by third party processors such as SalesCandy, and that you have taken all necessary steps to obtain their express consent to the processing of their Personal Data by us in accordance with this Privacy Notice.
We may from time to time, inform you of the specific types of permissions (especially where required by law) and Personal Data that we require in order to provide the Services to you and the Client, and you shall take all necessary steps to inform and procure the consents from the Leads (where applicable). We will not be liable for your failure to provide us with the requested Personal Data or to procure the consents from the relevant data subjects.
In order to access the Services through the mobile application version of the SalesCandy App, we will request directly from you the permissions below for the Device, including but not limited to:
Allow SalesCandy to take screenshots, pictures and record videos;
Allow SalesCandy to access your contact book;
Allow SalesCandy to make and manage phone calls;
Allow SalesCandy to access photos, media, and files on your Device; and
Allow SalesCandy to access the Device’s location.;
(collectively, the “Permissions”)
To provide the Services as an action-based leads management services provider, we may also need to collect the following Personal Data:
your name, phone number, email, designation & call history;
your IP address and GPS tracking information;
your Device’s IP address and GPS tracking information;
details and content of your meetings, phone calls, emails, agendas, outcomes, actions to follow up, minutes and other documents transferred, uploaded or stored through the SalesCandy App; and
your questions, comments, queries or feedback from engagement activities submitted to us.
The purposes for which Personal Data belonging to you and the Leads are collected and channeled to us will be to render the Services to you and the Client, particularly to;
Verify your identity;
Process, qualify and routing information including Personal Data of the Leads to you for purposes that the Leads have consented to;
Track the patterns of interaction and response times of you with the Leads. This includes:
Allowing you to upload through the SalesCandy App permitted information about Leads;
Allowing Leads to be connected with or contacted by you, subject to the Leads having consented; and
Recording the times and duration of communication or conversations between you and the Leads.
Allow us to perform onboarding for you;
Allow us to respond to your enquiries and complaints; and
Allow us to troubleshoot any issues and bugs arising in respect of the Services or the SalesCandy App.
We treat personal data protection very seriously and as such, we undertake:
to comply with the provisions of the PDPA in providing you the Services;
to ensure all relevant Personal Data is kept secure and shall adopt acceptable industry standards, security practices and systems applicable to the processing of the Personal Data, and take prompt remedial action against unauthorized access, breaches, copying, modification, storage, reproduction, display or distribution of the Personal Data processed on your behalf;
to take reasonable precautions of acceptable industry standards to preserve the integrity of the Personal Data and prevent any corruption, leakages or loss of Personal Data;
to cooperate with security investigations on data breaches as reasonably requested or initiated by you, the client or any relevant authorities;
that during the term of the Client’s subscription of Services, we shall only make copies of the Personal Data to the extent reasonably necessary for the provision of the Services, including back-ups, mirroring, security, and disaster recovery, and copies of Personal Data only shall be deleted after a reasonable time from the termination of the Services. For the avoidance of doubt, any non-personally identifiable data we collect shall not be included in this provision;
not to extract, re-utilize, use, exploit, redistribute, disseminate, copy, or store the Personal Data other than for the provision of the Services;
not to sell to third parties or undertake any commercial activity with the Personal Data other than for the provision of the Services;
not to initiate contact, interaction, or communication with you, any of the other Users or the Leads directly or independently, unless you, other Users, or the Leads first contact us, or except as necessary under law; and
not to request from the Leads directly any of their Personal Data unless done so on your behalf or as instructed by the Client.
We will not disclose any Personal Data to any third party without the Client’s consent (and where appropriate, your consent) except to our relevant staff, professional advisers, vendors, suppliers, agents, contractors, service providers, business partners, insurance companies, banks and/or financial institutions, within or outside Malaysia, where absolutely necessary for the purposes mentioned above, and to any party who undertakes to keep Personal Data confidential, or to whom we are compelled or required under the law to disclose to.
The SalesCandy App and the Services interoperate with a variety of third-party services, and as such we may be required to share Personal Data processed by us with other third-party service providers. We will be able to furnish the relevant details of such third-party service providers upon your written request. We will also ensure that the third-party service providers, including inserting contractual obligations with our third-party service providers, will maintain and adhere to similar or higher standards of data protection as we do.
Notwithstanding the above, we may disclose Personal Data or transfer Personal Data to a country outside of Malaysia including but not limited to the following situations (i) where our database or server may be located, provided that it is in a jurisdiction with a system of protection of personal data that has substantially similar or higher standards as provided under the PDPA, (ii) if and when required by law, or upon notice to you and the Leads in the event of mergers by or acquisition of SalesCandy, or transfers within SalesCandy’s group of companies.
If you have reasonable grounds to believe that we, through the provision of the Services, are in possession of or provided with Personal Data of persons under the age of 18 for which needs to be deleted, please contact us so that we will be able to take appropriate action.
By using the Services, we are not liable for:
any Personal Data that you disclose intentionally or unintentionally;
any your breaches of the PDPA;
any complaints and actions brought about by you, the Leads, and other data subjects which are not directly attributable to our acts or omissions; and
any loss or damage suffered by you or the Leads arising from the unauthorized disclosure of Personal Data belonging to third parties or your breaches of the PDPA.
You shall indemnify us against any actions or losses brought about by any misuse attributable to you of Personal Data.
Non-Personally Identifiable Data:
You agree that in the course of us providing you the Services, we do also collect non-personally identifiable information of you, including:
Mobile phone or data usage history, rates and patterns;
Demographics and statistics;
The number of duration of calls, instant messages, and other communication between you and the Leads;
Log data such as Internet Protocol (“IP”) Address or any other location-based data;
SalesCandy pages visited by you, including the time, data and duration of those visits; and
Any other non-personally identifiable data deemed relevant by SalesCandy.
We collect the aforementioned non-personally identifiable information for the purposes of:
Improving the Services;
Machine-Learning and developing artificial intelligence;
Big data analysis;
Compiling and publishing of non-personally identifiable data and statistics for commercial use.
We are under no duty or obligation to verify the completeness, accuracy or sufficiency of any Personal Data shared with us from the Personal Data Sources.